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As it happenedended

Daniel Penny indicted in Jordan Neely subway death as ex-marine’s arraignment set for 28 June

Daniel Penny is accused of placing Jordan Neely in fatal chokehold on subway train in May

Graeme Massie,Oliver O'Connell
Thursday 15 June 2023 16:05 EDT
Video: 'I knew I had to act,' Daniel Penny details NYC subway chokehold

A grand jury has voted to indict a 24-year-old former US Marine over the death of 30-year-old homeless New Yorker Jordan Neely who he placed in a fatal chokehold on a Manhattan subway train last month.

Daniel Penny initially faced a charge of second-degree manslaughter when he was arraigned in Manhattan Criminal Court on 12 May. He did not enter a plea and has remained out of custody on a $100,000 bond.

On Wednesday, a grand jury indicted Mr Penny on a second-degree manslaughter charge and criminally negligent homicide charge. The indictment is expected to be unsealed at a later court date. His arraignment is set for 28 June.

Following the news, a legal fund set up to support the 24-year-old soared past $2.8m as conservatives continue to hail Mr Penny as a hero. Meanwhile, Neely’s family welcomed the indictment and thanked AOC and “every peaceful protester and all who still believe wrong actions should have consequences”.

Mr Penny has defended his actions in interviews with Fox News and The New York Post.

Welcome to the Daniel Penny live blog

This live blog will cover the reported indictment of Daniel Penny for the New York City subway death of Jordan Neely.

Graeme Massie14 June 2023 22:49

Daniel Penny Maintains NYC Subway Death of Jordan Neely Not Race Related

Daniel Penny Maintains NYC Subway Death of Jordan Neely Not Race Related
Graeme Massie14 June 2023 23:03

Fundraiser for Daniel Penny tops $2.8m

An online fundraising campaign for Mr Penny’s legal defence was launched on the Christian crowdfunding platform GiveSendGo, a website created in response to GoFundMe removing far-right campaigns that violated its terms of service.

The fundraiser reached more than $2m within days of its launch, including roughly $600,000 on the day Mr Penny was charged alone.As of 14 June, following news of a grand jury indictment, the fundraiser has reached more than $2.8m.

Several donors – including Kid Rock, far-right streamer Tim Pool, and Republican presidential candidate Vivek Ramaswamy – have contributed huge sums to Mr Penny’s fund, which is run by his attorneys. Mr Ramaswamy donated $10,000.

“Penny is the Subway Good Samaritan and we are lucky to have brave souls like him who are willing to do the right thing,” said Mr Pool, who confirmed his $20,000 donation on 15 May.

“Thank you for protecting the citizens that day,” wrote another donor who contributed $10,000.

“Mr Penny is a hero. Alvin Bragg is a POS,” Kid Rock wrote in a message with his $5,000 donation.

(EPA/Getty)
Graeme Massie14 June 2023 23:28

'I knew I had to act,' Daniel Penny details NYC subway chokehold

Video: 'I knew I had to act,' Daniel Penny details NYC subway chokehold
Graeme Massie14 June 2023 23:44

Daniel Penny’s lawyers react to grand jury indictment

The lawyers, Steven Raiser and Thomas Kenniff of the firm Raiser & Kenniff, issued the following statement:

“While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing. We’re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny’s actions on that train were fully justified,” Mr Raiser said.

“We’re all saddened at the loss of human life,” added Mr Kenniff. “Daniel Penny saw a genuine threat and took action to protect the lives of others.”

Graeme Massie14 June 2023 23:58

Rev Al Sharpton comment on Daniel Penny indictment

“The National Action Network has stood in support of Jordan’s family since day one. This was a clear-cut case of vigilantism that has no place in our society, which is why I spoke against it at Jordan’s funeral,” Rev Sharpton said in his statement.

The Rev, Al Sharpton speaks the funeral service for Jordan Neely, at Mount Neboh Baptist Church in the Harlem neighborhood of New York City on May 19, 2023.
The Rev, Al Sharpton speaks the funeral service for Jordan Neely, at Mount Neboh Baptist Church in the Harlem neighborhood of New York City on May 19, 2023. (AFP via Getty Images)
Graeme Massie15 June 2023 02:01

Grand jury votes to indict Daniel Penny in subway killing of Jordan Neely

The 24-year-old former US Marine was initially charged with second-degree manslaughter last month.

Alex Woodward has the story.

Grand jury votes to indict Daniel Penny in subway killing of Jordan Neely

The 24-year-old former US Marine was initially charged with second-degree manslaughter last month

Graeme Massie15 June 2023 04:02

AOC praised by Jordan Neely’s family as grand jury indicts Daniel Penny for subway death

New York Democrat advocated for victim and his family after his death and attended his funeral in Harlem on 19 May.

AOC praised by Jordan Neely’s family as grand jury indicts Daniel Penny

New York Democrat advocated for victim and his family after his death and attended his funeral in Harlem on 19 May

Graeme Massie15 June 2023 06:04

Daniel Penny indicted on manslaughter charges

Daniel Penny indicted on manslaughter charges
Graeme Massie15 June 2023 07:54

Jordan Neely’s family reacts to Daniel Penny indictment

Lawyers from Mills & Edwards representing Jordan Neely’s family, issued a statement, saying “We believe in our criminal justice system and believe it worked today.

“Daniel Penny’s indictment is the right result for the wrong he committed. The grand jury’s decision tells our city and our nation that “no one is above the law” no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews. Bottom line- at some point Mr Penny should have let go before Jordan died.

“There is no excuse for choking anyone for that long. Any reasonable person knows choking someone for that long will kill them.Daniel Penny did not have the right to be the judge, jury and executioner.

“The fight is not over but it took a lot of work to get to this place. The Neely family sends its sincerest thanks especially to our courageous elected officials like AOC and others, every peaceful protester and all who still believe wrong actions should have consequences.

“We will continue to fight on behalf of Jordan as this process moves forward.”

Graeme Massie15 June 2023 10:01

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